United States v. Chastain, No. 19-2627 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction for extortion, attempted extortion, and receipt of a firearm with intent to commit a felony. Defendant's convictions stemmed from the use of his official position on the Tri-County Drug Task Force to obtain an ATV and firearms from confidential informants. The court held that there was sufficient evidence to convict defendant of the charges.
The court also held that the district court did exactly what it should have done after receiving unsolicited, case-related messages from a family member, and thus the district court did not err, plain or otherwise, by failing to sua sponte recuse the judge at sentencing. In this case, while the court did not know why the district judge's brother was interested in the case (nor did the district court), nothing in the text messages disclosed by the district judge revealed any favoritism or antagonism by the judge. Furthermore, none of the parties observed any potential issues or objected.
Court Description: [Kobes, Author, with Smith, Chief Judge, and Benton, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's convictions for extortion and attempted extortion, and receipt of a firearm with intent to commit a felony; when the district court judge received an unsolicited, case-related message from a family member the court acted properly by informing the parties and giving them a chance to object; the district court judge did not err by not sua sponte recusing from the sentencing.
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